THE HON’BLE Ms. JUSTICE B.S.BHANUMATHI C. R. P Nos.457 of 2021, 1179 of 2020, 482 of 2021, 470 of 2021, & 546 of 2021 AND C.R.P.Nos.459 of 2021, 1178 of 2020, 514 of 2021, 462 of 2021 & 512 of 2021
COMMON ORDER:
These two sets of revisions, under Article 227 of the Constitution of India, are filed challenging the order, dated 17.03.2020, dismissing I.A.Nos.89, 90, 91, 92 and 93 of 2020 in O.S.No.474 of 2018 on the file of the Court of III Additional Senior Civil Judge, Kakinada. The other set of revisions are filed aggrieved by the order of even date dismissing I.A.Nos.84, 85, 86, 87, 88 of
2020 in O.S.No.475 of 2018 on the file of the same court.
2. The revision petitioners are the plaintiffs in O.S.No.474 of 2018. They filed I.A.No.89 of 2020 under Section 151 CPC to reopen the plaintiff’s side evidence; I.A.No.90 of 2020 under Order XVIII Rule 17 CPC to recall PW1; I.A.No.91 of 2020 under Order VII Rule 14 (iii) CPC to file passbook copy relating to Palika Chandra Rao pertaining to S.No.197/4 of Kakinada Rural; I.A.No.92 of 2020 under Order XVI Rules 6 & & CPC to issue summons to the Tahasildar, Kakinada Rural to produce the relevant revenue record like adangals for the year 1985-86, 1995-96 relating to the property of Palika Chandra Rao situated in S.No.197/4; I.A.No.93 of 2020 under Order XVI Rules 6 & 7 CPC to issue summons to the witness, Smt. Gogineni Swaroopa Rani rep. by GPA holder Komatineni Seetharamayya. As all these petitions were dismissed by the trial Court, C.R.P.Nos.457 of 2021, 1179 of 2020, 482 of 2021, 470 of 2021 and 546 of 2021 are filed respectively.
3. In the other batch of revisions, the revision petitioner is the plaintiff in the suit O.S.No.475 of 2018. She filed the subject interlocutory applications, viz., I.A.No.84 of 2020 under Section 151 CPC to reopen the plaintiff’s side evidence to adduce further evidence; I.A.No.85 of 2020 under Order XVIII Rule 17 CPC to recall PW1 for marking the passbook; I.A.No.86 of 2020 under Order VII Rule 14(iii) CPC to accord permission to file the passbook copy relating to Palika chandrarao; I.A.No.87 of 2020 under Order XVI Rules 6 & 7 CPC to issue summons to the Tahasildar, Kakinada Rural, to produce relevant records like passbook for the year 1985- 86, 1995-96 relating to the property of Palika Chandra Rao; and I.A.No.88 of 2020 under Order XVI Rules 6 & 7 CPC to issue summons to the witness, Smt. Gogineni Swarupa Rani, rep. by GPA Holder, Sri Komatineni Seetharamayya to produce the original pattadar passbook issued by Tahasildar, Kakinada Rural. Aggrieved by the dismissal of these applications, C.R.P.Nos.459 of 2021, 1178 of 2020, 514 of 2021, 462 of 2021 and 512 of 2021 are filed respectively.
4. Heard Sri N. Siva Reddy, learned counsel for the petitioner(s)/ plaintiff(s) and Sri M.V.Manisekhar, learned counsel for the respondent/defendant.
5. The respondent/defendant in all these revisions and the subject matter involved in both the suits being one and the same in all these revisions, these revisions are heard and are being disposed of by this common order.
6. The facts necessary for disposal of these revision petitions, briefly stated, are as follows:
The suits, viz., O.S.No.474 of 2018 and 475 of 2018 are filed for permanent injunction restraining the defendant and his men from interfering with the peaceful possession and enjoyment of the plaint schedule property in any manner. When the matter is posted for arguments, and while going through the record, it is noticed that the passbook copy relating to Palika Chandrarao @ Ramachandrarao in S.No.197/4, patta No.228 of Ramanayyapeta village, Kakinada Rural obtained from the Tahasildar office, Kakinada Rural, has not been filed into the Court as the same is mixed up in the record. The original passbooks issued by the office of the Tahasildar, Kakinada Rural, are with Gogineni Swarupa Rani, represented by her GPA Holder, Sri Komatineni Seetharamayya. Hence, it has become necessary for the plaintiff(s) to summon the said witness to produce the original landlord pass book and pattadar passbook standing in the name of Palika Chandra Rao relating to the plaint schedule property and for that purpose, petitions to re